The recent death of Albert Ojwang while in police custody has revived concerns over the disturbing trend of deaths in police cells, with at least 20 such fatalities recorded in the past decade.
These deaths—all involving male victims—span various incidents, some of which have sparked public outcry and calls for justice.
Since 2013, one case under scrutiny involved a minor. On May 29, 2024, Ms Zipporah Muteti’s one-and-a-half-year-old child tragically died at Kambuu Police Station in Makueni County. The incident followed a debt collection dispute, during which an officer allegedly turned violent and slapped Ms Muteti.
The slap reportedly struck the baby, and despite the child being in visible pain, the officers allegedly refused to allow medical attention. The toddler was then locked in a cell, where he later died.
Two months ago, Timon Otieno was arrested and taken to Othoro Police Station in Rachuonyo East sub-county for allegedly vandalising security lights at Wang’apala Secondary School. His father, John Ogwang, discovered the following day that Timon had died.
Police claimed the death was a suicide, but Ogwang reported that his son had visible injuries. No officers have been arrested in connection with the incident.
Foreign nationals have also fallen victim to similar circumstances. Alexander Monson died at Diani Police Station after being arrested on accusations of marijuana possession.
This case led to the conviction of four police officers—Naftali Chege, Charles Munyi, John Pamba, and Ismael Baraka—who were sentenced to between nine and fifteen years for manslaughter.
A study by Marion Jeluget, published in the Kabarak Law Review, highlights that deaths in police custody represent a significant social injustice in Kenya. Jeluget argues that while many continue to call for the criminal prosecution of officers involved, less attention is paid to the human rights remedies available to surviving families.
“Death in custody is the death of an individual while in the hands of the state or its agents,” the study states. “The police are guided by laws and regulations, including the Constitution of Kenya 2010, the Criminal Procedure Code (CPC) Cap 75, and the National Police Service Act.”
According to Jeluget, the Criminal Procedure Code outlines the proper procedures to follow when a person is taken into custody. “Arrests should be done lawfully and in compliance with the guidelines set out in the Sixth Schedule of the NPS Act in the event of the use of force,” she adds.
Security expert George Musamali asserts that when a person is arrested, it is the police’s duty to ensure their safety.
“The law, and the Criminal Procedure Code, are clear on how the police should behave when they have arrested someone. It is their duty to ensure that they protect the suspect as investigations proceed,” he says.
These deaths raise important questions about police accountability and the urgent need for reform in Kenya’s criminal justice system.
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